Khula Payment
Question :

If the husband agreed to a khula divorce and then he said that he did not want any payment, will the khula be in order?

Answer :

It is a condition in the khula divorce that the wife pays her husband in return for getting a divorce from him. Without such payment, a regular type of divorce must take place instead.

Khula Divorce
Question :

What is the difference between the conventional divorce and the divorce of khula?

Answer :

If the wife hates her husband in such a way that she does not fulfill her marital religious obligations with her husband or she threatens him in a serious way to stop fulfilling such duties, then it is permissible to divorce her by way of khula, by her paying him in exchange for him giving her the divorce. In this case, the husband cannot return to the marital relations during the waiting period (the iddah). In other cases, the divorce may not be by khula, like when they both agree to drop the husband’s financial obligations for the wife in exchange for him divorcing her. The divorce in this case is conventional, i.e. the man has the right to return to the marital relation during the waiting period.

Witnesses
Question :

Does the khula and mubarat divorce require witnesses?

Answer :

All types of divorce, including khula and mubarat, are not valid unless there are qualified witnesses present, and the other conditions must also be fulfilled, such as the woman not being in her menstrual period and not having had sexual intercourse since the last menstrual period.

Situations of Khula Divorce
Question :

In what situations can khula divorce take place and how?

Answer :

The khula divorce is not valid unless the woman hates her tie of marriage with her husband in such a way that her hatred leads her to not fulfilling her conjugal duties. Simply not liking him without reaching such a level of resentment does not suffice for bringing about the divorce by khula.
When all conditions are met, the woman can start the divorce formula by saying "khālaʾtuka ʿalā..." (I form a khula divorce for the amount of...), and she states the amount of money that she is willing to give him. The husband says afterwards with his intention of accepting the khulaʾ divorce, "Radhītu bi-dhālik" (I accept that).
If she does not hate him to the level of refusing his marital rights, the khula divorce cannot be established, and the normal revocable divorce can take place then, which does not become irrevocable unless the waiting period is completed.

The Waiting Period of a Khula Divorce
Question :

I took a khula divorce and a subsequent court divorce due to severe domestic violence. I have had no physical relationship with my ex-husband for more than two years. I have already had two menstrual cycles since the khula. Is the observance of the ʿiddah obligated on me?

Answer :

The commencement of the iddah is from the time of the divorce until you see the third menstrual period. You must observe this iddah period if the marriage was consummated.

The Khula Divorce
Question :

Is the khula divorce revocable?

Answer :

No, the khula divorce is irrevocable, so they cannot return to each other in marriage unless they marry each other with a new marriage contract. It is considered as one divorce.

The Waiting Period of Khula
Question :

What is the iddah period for khula divorce?

Answer :

The waiting period is three durations of purity between the menstruation periods, the first of which is when the divorce takes place. The waiting period ends when she begins her third menstrual period after the divorce. It is better that she waits until she finishes the third menstrual period before remarrying.

Talaq- Khula
Question :

A girl was divorced with the divorce of khula through a representative of the husband, and it was made a condition that the girl should surrender half of her dower. The divorce was pronounced and certificate issued, and all other monetary transactions were cleared, but the girl still has not given half of the dower. After observation of the waiting period, she then married another man. Please advise whether the divorce is valid, considering she has not paid the agreed half of the dower, and if it is void what should be done regarding her second marriage?

Answer :

The divorce is valid. She owes him the agreed amount. He is allowed to demand it from her.